District Court reverses decision in Brewery Arts Center dispute with Foodies Bystro
Submitted by admin on Fri, 03/18/2016 - 4:27pm
Carson City District Court Judge James Wilson reversed a Justice Court decision that resulted in Foodies Bystro being kicked out of the Brewery Arts Center last summer, calling it "a clear error of law and must be reversed."
In a judgement officially entered on Oct. 6, 2015, Justice Court Judge Steven McMorris ruled that the wording in the lease agreement between the BAC and Foodies owner Martinez Investments LLC was vague as to whether the lease could be renewed or extended for an additional three years. This decision seemingly put an end to the protracted battle waged by BAC to evict Foodies from the building at the corner of Division and King streets, which they in turn lease from the city of Carson City.
Martinez Investments appealed this decision to the District Court. The BAC also appealed another part of McMorris' decision concerning what it considered property abandoned after Foodies was forced to close on Sept. 2, and the judge's refusal to award attorney's fees to the BAC.
In the ruling issued on Feb. 17, Judge Wilson wrote that the intent of the parties was that Martinez Investments be granted an extension of the lease on the same terms, not a renewal as the lower court ruled. He also stated that even if the language was interpreted as a renewal, that Martinez Investments gave proper notice of its desire to renew the lease.
Judge Wilson upheld the lower court's decision that the property BAC was trying to claim was not abandoned, owing to the fact that status of the lease was being decided by the court. He also upheld the decision that the BAC was not entitled to recover attorney's fees since the dispute was caused in large part by the the poorly worded lease agreement that was prepared by the BAC. Judge Wilson noted that the BAC initiated legal action to argue that its own lease was not enforceable.
Gina Hill, executive director of the BAC, released this statement: "We obviously do not agree, but appreciate the thought and consideration that the District Court put into the decision. We are currently exploring options at this time in order to allow the Brewery Arts Center to continue to serve the community while not subsidizing for profit entities."
Rupal Martinez, co-owner of Foodies, said they haven't decided what to do yet in the wake of this decision. She said they could legally open back up at the BAC if they wanted, and that the damages they suffered were substantial. Since being removed from the BAC, Martinez started a new eatery, The Naked Spice, inside La Posada Real on College Parkway.
See the ruling below:
by Carson Now
